Man accused of trying to run down police in dump truck avoids attempted murder indictment

Syracuse, NY - A DeWitt man who turned down a plea deal in a dump truck chase despite threats of a possible attempted murder prosecution avoided those more serious charges in an indictment handed down today.

A county grand jury indicted Stanley Lostumbo, 37, of 4403 James St., on five felony counts of first-degree reckless endangerment and one misdemeanor count of third-degree fleeing a police officer in a motor vehicle.

The charges stem from an incident Aug. 31 that began at the Great Northern Mall in the town of Clay and ended in the town of DeWitt where Sheriff's deputies shot Lostumbo as he allegedly rammed the dump truck into a police car.

Assistant District Attorney Robert Moran last month offered a plea deal calling for Lostumbo to be sentenced to 3 1/2 to seven years in prison if he would plead guilty to one reckless endangerment charge. The prosecution would not pursue more serious charges of attempted murder as filed when Lostumbo was arrested, the defendant was told.

Lostumbo turned down the deal and the prosecution went forward and presented the case to a grand jury which resulted in today's indictment which included no attempted murder charges.

Three of the reckless endangerment charges accuse Lostumbo of creating a grave risk of death to a Syracuse police officer by trying to force him off the road at locations on Burnet Avenue, Grant Boulevard and in front of the Grant Village apartments.

The other two reckless endangerment charges accuse Lostumbo of creating a grave risk of death to two deputies by backing the dump truck at them in DeWitt. Lostumbo suffered minor injuries from bullet fragments when authorities ended the incident by opening fire.

The indictment also includes charges of fourth-degree criminal mischief, petit larceny and possession of burglar's tools for a vending machine theft that authorities said touched off the dump-truck chase.

The indictment also includes charges of third- and fourth-degree criminal mischief, petit larceny and possession of burglar's tools from several incidents that occurred July 17 in Cicero.